2023년 2월 26일 일요일

Crime of not marrying

My ex-girlfriend has accused me of the crime of sexual intercourse under pretense of marriage and is threatening to report me to the police if I don't marry her. I am concerned whether this is actually a crime and if there are many similar crimes in Korea. Under Korean law, sexual intercourse under pretense of marriage is a crime that punishes men who have sexual intercourse with women who are not "habitually immoral" and who had intercourse because of the promise of marriage. The accused could face up to two years in jail or a fine of not more than 5 million won, but usually receive little to no jail time. The crime is rarely enforced, and the complaint must be initiated by the alleged victim. Adultery is also a crime in Korea, punishable by up to two years in jail, but is rarely prosecuted to the statutory maximum. Both crimes are also crimes in some US states, but the modern trend in the US is not to prosecute those that violate these crimes. Explain the Korean crime of sexual intercourse under pretense of marriage. Under Korean law, sexual intercourse under pretense of marriage is defined in Article 304 of the Criminal Act. This crime applies when a person induces a female, who is not habitually immoral, to engage in sexual intercourse by falsely representing that they will marry the female. The key element of the crime is that the woman engaged in sexual intercourse with the man because of the promise of marriage. The crime punishes men who deceive women into having sex by falsely representing that they will marry them. A habitually immoral woman, such as a prostitute or a woman who has had numerous sexual encounters with numerous different sex partners, is not protected by this law. If a person is convicted of this crime, they may receive up to two years in jail or a fine of not more than 5 million won, but usually, those convicted receive little to no jail time. However, the crime is rarely enforced, and when it is enforced, it is usually enforced against a man who is married and has sexual intercourse with a woman who doesn't know the man is married. The complaint must be initiated by the alleged victim, and the prosecution cannot pursue the charges on their own motion.

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